Posted with the express consent of Evan Weiner: THE BUSINESS AND POLITICS OF SPORTS .
Tuesday, 15 May 2011 . BY EVAN WEINER NEWJERSEYNEWSROOM.COM COMMENTARY .
On Sunday, the Denver Post published an article and interview I did last week with sports journalist, Terry Frei. Over the course of our conversation which mostly covered the issues of injuries and concussions and the subsequent consequences of the League’s general attitude of denial at all levels. (A link to that article is at the bottom of this post.) At one point in our conversation, I told Terry, “The concussion issue, if not handled right, has the potential to end football.” (My emphasis.) What I did NOT say was that the concussion issue would end football. No sooner than Terry’s article was posted, then the other media and bloggers immediately re-wrote the story and started to misquote me. The worst misquote? NFL.com with this headline: Ex-player Dave Pear says concussion issue could end NFL. Not really what I said at all. . Most of our readers know that my long battle has always been about legal and open access to OUR earned pension and disability benefits. And any resolution on concussions will need to address three separate groups of players: Past, Present and Future. (By the way, you might remember that this slogan used to be on all our NFLPA membership cards.) Each of the retired players who played will need to have direct access to their benefits that should include testing and treatments from their football-related concussions and brain damage, as well as access to assisted care and monitoring in later years. There is no doubt that most of the earlier players from the 50′s and 60′s were not given the safest equipment during their playing careers. It was even more about the money back then than it is today – just ask the men who played on the original hard surfaces of Astro Turf about the toll it took on their bodies and their heads. All for the savings the owners made from not having to maintain real turf. And they went on strike in the late 50′s and early 60′s not for more money but to make the owners pay for their uniforms and equipment. . For the present-day players, the addition of independent neurologists on the sidelines certainly helps, along with better-defined rules to ensure that concussed players don’t return to the game unless cleared by experts (no more Dr. No’s). Many of the new rules are a good step in the right direction. Newer treatments such as hyperbaric oxygen therapy (HBOT) are being shown to shorten recovery while helping with healing to the damage that concussions leave behind. Even if owners are more concerned about profits, the ROI on getting a million-dollar-a-year asset back on the field in half the normal time makes pure business sense. And while the League is at it, a great PR move would be to allow retired players free access to these hyperbaric chambers when they’re not being used by the team. . For future players, any improvements in the rules and knowledge gained from players past and present can only serve to provide them with a much safer game while still preserving the game of football as we know and love it. But if we’re going to save football, players from the past, present and future will need to work together in order to help protect each other first. Current and future players owe the retired players a priceless debt for the sacrifices they paid with their bodies and brains – as well as the long years of denial – to get to this point where there is finally a serious discussion on something that affects us all. The players of the future will surely also benefit from the way the game is shaped for today’s players. . .
Ex-NFL player Dave Pear seeks to change league policy on concussions
Posted with the express consent of Evan Weiner: THE BUSINESS AND POLITICS OF SPORTS .
Wednesday, 9 May 2011 . BY EVAN WEINER NEWJERSEYNEWSROOM.COM COMMENTARY . It is that time of the year when school boards have to get budgets in place for the new school calendar and the 2012-13 school year. The people who do the budgets and the people who vote on the budgets probably aren’t too worried about the 2012 high school football season but there will come a time when school districts will have to evaluate the value of fielding junior high and high school football teams. . There is evidence that football is causing major health problems for former players later on in life. Some National Football League players have been quite vocal about post-career problems, which include depression, thoughts of suicide, family problems, bankruptcy, homelessness and for some – like Dave Duerson and Junior Seau – suicide. . Following Seau’s death, a few former players went public with their post football plight on Dave Pear’s Blog. Pear has been fighting for years for the NFL to get medical benefits to pay for the injuries he says he suffered during his career. The injuries were numerous. . The comments should be noted by school boards and others with a passing interest in watching football whether it is Friday night high school contests or Monday Night Football featuring two NFL teams. . One-time Pittsburgh Steelers player Reggie Harrison, now known as Kamal Ali Salaam-El wrote, “Since we don’t have a crystal ball, we may never know what was going through Junior Seau’s mind. I have yet to entertain the thought of taking my life, but I can relate to the pain that a lot of us are going through. I take 10 methadone, 4 oxycodone and 2 ml of liquid oxycodone daily, and sometimes the pain still overtakes me. I just pray that I can hold on and lean on my fellow alumni if I feel that I can’t go on. My heart goes out to Junior and his family and I hope he has found Peace. I sure haven’t found it.” . Former Los Angeles Rams player Rick Hayes responded to the former Steelers by writing, “Kamal, I believe we played against each other in the L.A. Coliseum during our Rookie Year in 1974 Pre-Season. I, too, have been in pain today following the news of Junior Seau, and I find myself wondering about the possibility of CTE being the cause. For the last month, I have missed two Brain Scans and MRIs because of fear and pain. Several months ago, I finally detoxed from a daily dose of over 1000 mg of oxycodone via the Subuxone method. I think of suicide almost daily. There were other pills too. I feel much better now but still question the pain and sleep disturbances. . “In your note, I found the realization that these medications treat and cover our emotional traumas as much as our physical pain. And eventually, they stop working due to our Opioid Tolerance. I wish you, our fellow Former Players, and myself, a path through all this confusion. We are all one, but unfortunately the NFLPA is failing in providing us guidance and assistance. They are aware of our PAIN and ADDICTIONS. Now they are having SUICIDES thrown in their faces. When will they act truthfully and completely? The BLOOD is on the OWNERS and NFLPA’s hands.” . Janet McCoy speaking on behalf of her husband Mike, who played for Green Bay, responded with a different viewpoint: the position of a wife with a suffering husband. She said, “I received a call from my husband yesterday when he received the news of another player’s death. Since Mike is in assisted living for his dementia, all he could do was weep when I answered the phone. I knew why he was crying even before he spoke. How many tears do the players, wives and families have to shed before the NFL takes notice? I would like to suggest that the NFL have a plan payment for mental health therapy after this. Most men are not able to express themselves when this tragic diagnosis is received. Blessings to all our families.” . Former NFL players who have been broken down and left on the curb have a place to vent frustrations. The awful truth for the former players who are suffering is that the National Football league owners never let them down; their own Players Association is the culprit. The National Football League Players Association was so focused on just getting money that there were not secondary concerns about players’ safety or post career medical and insurance benefits. The owners and players collectively bargained agreements, and whether it was 1974, 1982 or 1987, the players’ negotiators — and in turn the players’ agents — wanted liberal free agency rules and money. . That was a mistake for about 97 percent of the players. The owners legally are not bound to give players extended medical benefits. That should have been a collectively bargained issue. Broken down players are living in the government safety net of Social Security Disability Insurance and Medicare. . It may be those are some of the lucky players who survived the funnel and made it into the National Football League. There are probably hundreds of thousands of players from the college, high school and semi-pro ranks who have suffered severe injuries and didn’t have a players association – albeit a weak group like the NFLPA – who never got a football pension or a partial medical plan and now are depending on government assistance for life-altering injuries. . But there really isn’t much about the plight of high school players who are suffering from football injuries that is documented. . High school football remains king in certain sections of the country but what would happen if former high school players suffering from devastating injuries started suing schools? Would school boards who are either self-insured or pay a huge premium keep the games going? . That is a difficult question but that question may come an awful lot sooner than anyone thinks. The National Football League, along with a helmet manufacturer, is being sued by hundreds of former players who contend that the league didn’t look after players’ health during careers and in post-career life. The lawsuit involves just the NFL and former players at this point. . Many people play football from the youth level on up to the pros. Many of those players will never have an opportunity to sue school boards even though the life-altering injuries took place on some high school football field. . Football has always been a brutally tough sport. . It seems the issue of players’ safety was settled in 1905 after President Theodore Roosevelt pressured a few college presidents into cleaning up the game after the deaths of 18 players in college games and the maiming of others. . But did President Roosevelt and the college presidents really clean up the game or was the game “properly” sanitized, with the injuries swept under the rug? . Until 2010, players’ safety didn’t seem to have been much of a priority on any level, whether it was high school, college or the National Football League. The NFL was very slow to get into the players’ safety issue, and the league finally started addressing head issues 105 years after President Roosevelt made the issue of player safety part of his presidency. . The NFL is urging all 50 states to take a very close look at head injuries suffered in high school and other football programs for children. Whether it is lip service or not, NFL Commissioner Roger Goodell sent out 44 letters to states urging them to enforce strict surveillance of head injuries. The league is continuing to beef up head injury protocol, but that is for future generations. . The league is not taking responsibility for past injuries. . But there is now a lawsuit and even though the players have directed their complaints against the National Football League, all of football is really on trial. That includes youth level, junior high school, high school, and college football. If the NFL and a helmet manufacturer lose this case, the whole structure of football will be shaken from the NFL down to kids’ football. The NFL depends on kids’ football as a feeder system into junior high school, then high school and colleges. The NFL gets ready-made players with years of experience. That could all change because school districts may decide running a football program is too costly in terms of insurance premiums and safety. . If the school boards get rid of football, Troy Aikman’s words last February, looking at the NFL’s future, may be prophetic: “The long-term viability, to me anyway, is somewhat in question as far as what this game is going to look like 20 years from now.” .
We just received another note from retired player and attorney Bob Stein with more clarification on the Legacy Fund Benefits. Many of you will already be familiar with Bob as one of the lead attorneys for the Dryer vs. NFL (Films) lawsuit. Dave also received a memo from Joe Browne out of the NFL offices that contains an interesting note about your Legacy Fund benefits as well as a proposal for widows that has apparently been on the table awaiting an answer from… yes – you guessed it: Your Union. Please call or write your Union to let them know they need to get off their collective butts and DO THE RIGHT THING! Pay the widows NOW! . We’ll start off with Bob Stein’s notes: . May 8, 2012 . To: Fellow Retired NFL Players From: Bob Stein RE: Legacy Benefit .
Men, . I spoke to the NFL Player Benefits (“Plan”) office yesterday and got what I think is some clarity on two more issues regarding the Legacy Benefit which have many retired players confused. I am passing the conversation notees along in hopes of helping. . Bob Stein . LEGACY BENEFIT INFORMATION . While I cannot provide legal advice on this matter, I would like to pass along the information I received by telephone on May 7, 2012 from the NFL Player Benefits Office for other retired players waiting for Legacy Benefit payments or wondering about their status. . 1. Players currently receiving NFL Disability payments – I was told these players would receive only THE GREATER OF: . a) the amount of monthly disability payment they currently receive; OR . b) the total of monthly pension payment they would now qualify for based on years of service, etc. plus the monthly Legacy Benefit they would qualify for under the 2011 CBA. . They made it clear you only receive whichever monthly amount is greater. So players whose current disability payment is greater than the total of (b) would receive NO additional payment from the Legacy Benefit in the new CBA. . 2. Players who assigned all or part of their pension benefits to an ex-spouse in their divorce: . I was told each of these situations would be reviewed individually by Plan attorneys and actuaries to see what payment rights that individual player’s divorce decree language assigned to his ex-spouse. Since the language on what divorce obligations are continuing can be different for every decree, based on what was agreed to or awarded by the court, the Plan advisors must go through them individually to see what should go to each ex-spouse and each player. . I hope this information helps clarify some remaining Legacy Benefit issues. The number of the NFL Player Benefits Office is (800) 638-3186. . And some of what was relayed to retirees from the NFL Offices today: .
Dear Retired Player: . The following items may interest you: . 1. Attached is a four-page summary of the recent record-based study by the National Institute for Occupational Safety and Health (NIOSH) of all retirees who played in the NFL for at least five seasons from 1959 through 1988. We previewed this study in the most recent NFL RETIRED PLAYER NEWS that was emailed to you on April 24. NIOSH also sent via regular mail a copy of this same information to the 3,439 players whose records were used for the study. . 2. More than 250 retirees who had been waiting to hear from the Pension Benefit office in Baltimore regarding their Legacy payments were mailed information on their individual cases in recent weeks. One of the last group of retirees to receive information will be those players who have QDROs and also receive Disability Benefits. Also, the 320 widows and other beneficiaries of vested pre-93 players who died prior to the 2011 CBA being signed still are awaiting word from the NFLPA regarding those Legacy benefits. The league is on record as stating it will pay 51% of the costs for the widows benefit if the NFLPA pays the balance. . 3. The NFL Alumni Association announced over this past weekend at a Board meeting in Arizona the resignation of Executive Director George Martin, who had served in that post since October, 2009. Ex-Giants quarterback Joe Pisarcik, who serves as the non-salaried President of the Alumni Association, also will act as interim Executive Director until a full time successor is named. . Incidentally, the Association’s annual Super Bowl of Golf, which matches winning teams from all local Alumni chapters, was held in conjunction with the Board meeting and was won by a team led by ex-Bears quarterback Jim McMahon. Congratulations. . 4. All of us in the NFL family mourn the death of NFL great Junior Seau last week. There will be a private memorial service and burial this Friday, May 11 in Oceanside, California followed by a public memorial that same night at QualComm Stadium, the home of the Chargers and site for many of Junior’s on-the field heroics. . Joe Browne . Senior Advisor to the Commissionercontinue reading »
Someone once said not long ago that George Martin’s ascension to the Executive Directorship of the NFL Alumni was the perfect example of the American Dream. In reality, honesty and integrity will always get you where you need to go in following the real American Dream. The old adage, “The people you pass on the way up the ladder will be the same people you run into on the way down” should hold true here. . We also want to ask Commissioner Goodell if he plans to hold George Martin and Ron George to the same high standard of full accountability that he imposed on the New Orleans Saints players during his bounty investigation? In the real game of life, there is no room for double standards, Mr. Commissioner. But in real life, it’s not going to be game suspensions. People’s lives have been totally disrupted or even destroyed as a consequence of George Martin’s actions – or inactions. Spending money like a drunken sailor – particularly when it’s not yours to spend – is a recipe for disaster. We wonder if brain damage is now going to be the excuse? . Here’s the story from A.J. Perez FOX Sports: .
DANIEL G. AMEN, MD RESPONDS TO JUNIOR SEAU SUICIDE . “These players need to know there IS help for them!” .
NEWPORT BEACH, Calif. (May 3, 2012) — While Junior Seau’s apparent suicide breaks the hearts of football fans nationwide, Daniel G. Amen, MD pleads with other football players and athletes that “there’s help from chronic traumatic brain injuries, depression, irritability and memory problems they suffer.” .
Dr. Amen, founder and CEO of Amen Clinics, Inc., and two-time Board Certified psychiatrist has conducted three clinical studies with 115 active and former players from the National Football League. Each study shows that it’s not only possible, it’s likely, that with a brain-directed health protocol, significant improvement can been experienced in decision making, reasoning, depression, mood and memory. .
“Junior Seau was a legend. But even legends cannot escape the ravages of chronic brain damage,” said Dr. Amen, who is the lead researcher on three published studies on NFL players and brain damage. He is also a leading researcher on a brain imaging study called SPECT (single photon emission computed tomography) and has looked at over 73,000 scans. .
“My message to the football community is that players need to get their brains examined before they play and after they stop and at any time they get a concussion. I often say how do you know unless you look.” .
Dr. Amen began studying the effects of football on brain health in 1999 when Brent Boyd, a former NFL player came to the Amen Clinics. After Anthony Davis came to the clinic in 2007 his work with active and former NFL players took off. He has partnered with the Los Angeles Chapter of the Retired NFL Players Association to performed the world’s largest brain imaging/brain rehabilitation study. .
“Our studies found significant evidence that, fortunately, there are treatment protocols that can often reverse many of the symptoms caused by brain damage and improve brain function.” The studies include: .
1. Effects of Elevated Body Mass in Professional American Football Players on rCBF and Cognitive Function, Transl Psychiatry (2012) 2, eK, doi:10.1038/tp.2011.67 .
2. Impact of Playing Professional American Football on Long Term Brain Function. Journal of Neuropsychiatry and Clinical Neurosciences, J Neuropsychiatry Clin Neurosci 23:1, Winter 2011, 98-106. .
3. Reversing Brain Damage in Former NFL Players: Implications for TBI and Substance Abuse Rehabilitation. Journal of Psychoactive Drugs, 43 (1), 2011 Online publication date: 08 April 2011 .
“Junior may have damaged his pre-frontal cortex which is responsible for decision making,” Dr. Amen said, also noting that Seau was arrested in 2010 for domestic violence which also may have been a result of poor decision making. “Brain trauma symptoms can appear decades after the playing days and can include dementia, memory loss, violent behavior, obesity, mental illness and depression. And unfortunately, suicide is more common in people who have experienced brain trauma.” . The Amen Clinics, Inc. (ACI) was founded in 1989 by Daniel G. Amen, M.D. Amen Clinics now has locations in Newport Beach and San Francisco, California, Bellevue, Washington and Reston, Virginia (www.amenclinics.com). ACI specializes in using detailed clinical histories, brain imaging, and lab testing for innovative diagnosis and treatment for a wide variety of problems, including weight issues, ADD, anxiety, depression, autistic spectrum disorders, and memory problems. Dr. Amen is a physician, child and adult psychiatrist, brain-imaging specialist, and Distinguished Fellow of the American Psychiatric Association. Dr. Amen has authored five New York Times bestsellers “Change Your Brain, Change Your Life,” “Change Your Brain, Change Your Body,” “Magnificent Mind At Any Age,” “The Amen Solution” and his latest “Use Your Brain to Change Your Age.” ACI is headquartered at 4019 Westerly Place, #100, Newport Beach, California. For more information, call (888) 564-2700. .
Posted with the express consent of Evan Weiner: THE BUSINESS AND POLITICS OF SPORTS .
Wednesday, 2 May 2011 .
BY EVAN WEINER
NEWJERSEYNEWSROOM.COM COMMENTARY . I didn’t know Junior Seau although I met him on the day he was drafted into the National Football League in 1990 and probably interviewed him after a football game a few times more. From all accounts, he was a fearsome presence on the football field; a killer who at times could control a game defensively. .
But Junior Seau didn’t live to be a ripe old age and until an autopsy is performed and a police investigation is complete, there is no need to speculate about the circumstances surrounding Seau’s death other than he was found dead of a shotgun wound on the morning of May 2, 2012 about 22 years after the San Diego Chargers football team called his name at the annual National Football League event. .
The gun wound should strike a nerve among former players. It seems that is becoming a way of life and death among NFL alum suffering from life altering injuries that probably came from years and years of absorbing hits on the football field. People do hear about former NFL players but there seems to be no tracking of high school and college players who years after their football careers ended killed themselves. . continue reading »
Thanks to our friend, Jennifer Thibeaux, we have a great collection of photographs from our well-attended Second Annual Independent Football Veterans Conference held April 20 – 22 2012 at The South Point Resort in Las Vegas. Videos and PowerPoints to follow shortly! .
Here’s the slideshow from flickr (there’s an enlarge button in the lower right hand corner of the slideshow screen if you want to view our slideshow fullscreen; just hit ESC to close fullscreen mode): .
First of all, we want to thank every one of our readers for their patience. We’ve been intentionally quiet in holding back until the last minute to announce more about our Second Annual Independent Football Veterans Conference coming up this weekend in Las Vegas. A lot of our readers have been checking in and many of you (friends and others) have been anxiously looking for more details on our panel discussion topics. .
As many of you already know, this year we’ve decided to use discussion panels to cover a wider range of topics that are most important to retired football players. While individual speakers have been informative, as these topics become more complex and wider-ranging, the retired player community needs even more timely and detailed information from as many expert sources as possible. We’ve done our best using this blog to convey the latest information on everything that’s important to each of you. Now we’re going to kick it up another notch or two again. Last year, we hosted our First Conference and all of the proceedings were videotaped and made available online. This year, we’re going to create a studio-like setting with panels to discuss all those topics you want to hear about and to take questions from our audience at large. Each topic will be broadcast like a television talk show and after our Conference, we’ll professionally edit them down for online viewing as well. .
Lawsuits! We have too many to keep track of this year. From the original Eller and Gault lawsuits filed against the League and the NFLPA during the lockout to all those concussion lawsuits to the lawsuits filed against the NFL and NFL Films. We’ll have several shows to address the latest information and details that so many of you want to know. Confused about all those concussion lawsuits you’ve been hearing about almost daily? Sick and tired of the ‘Join me, Join me’ groups all wanting you to sign up with them? Wondering who you should really sign with and why? We’re going to hear from the top firms leading the charge and from some of the retired players on why they chose the firms they did. And maybe why you might want to re-consider who you’ve signed with! .
Concussions! We’ll have Dr. Kristen Willeumier from the Amen Clinics to tell you all about their most recent studies on concussions as well as some of their latest findings and ways to help your improve brain. And we’ll also have the top specialists with hyperbaric oxygen therapy (HBOT) to tell you about their latest studies and their lobbying efforts to bring this life-changing therapy into the mainstream. You’ll even be able to see one of the units that many of the current players have bought for their personal use. .
And while we’re at it, we’re going to have a show on the culture of football, from college through to the professional Leagues. With the NFL still doing damage-control from Bountygate, who better to have talk about it than documentary maker Sean Pamphilon? Sean will be joined by attorneys who are currently involved with suing Electronic Arts on behalf of NCAA athletes who have never been paid for the use of their images and statistics in Electronic Arts video games in past years. Does that sound familiar? And they’re still doing it today to retired players! .
And while we’re on the topic of not getting paid for playing football, you’ll also be getting an update on the NFL Films lawsuit. The Beatles get paid every time their songs get played on the radio or for every CD sold or for a download of their songs. Authors get paid for every copy of a book they sell. You pay for your movies when you watch them on HBO. And we all pay extra to the cable and satellite companies for all those sports channels that many of us don’t even watch. So why are retired football players the only guys who don’t get paid every time the NFL and NFL Films sells a classic DVD of one of your old games? At $30 – $50 a pop, there’s plenty of money to go around – where’s it all going? .
How about all the latest on Workers’ Compensation? It looks like the NFL is now trying some nasty new tricks to cut retired players off from receiving their earned Workers’ Comp claims now as well. Hear all about your rights and what you can do about getting your case reviewed and filed in our special show about Workers Comp from some of the people with the most successful rates. .
And how about that Legacy Fund that was supposedly negotiated by a Union that was de-certified last year? And then re-certified with retired players’ new benefits mysteriously negotiated and finalized as part of the new CBA? And did you know that there were $100′s of millions more that was also supposed to have offered by the League directly to retirees? Seems it was already “redistributed” by your friendly Union. All while saying nothing about standing up for widows who will receive absolutely no increases from the Legacy Fund. Never mind that many of you haven’t even received your “new” benefits yet long after the CBA was signed, Roger Goodell got his new $10 – $20 million contract, De Smith got his bonus and a new contract and… football season is now over! And NO Legacy Checks yet! We’ll have show to discuss that as well as to answer your questions on your rights under federal law for pensions and disability benefits. We’ll even have people who heard it directly from Commissioner Goodell about that “other” benefit money the owners offered during the final negotiations. .
Like they say, “STAY TUNED!” Here’s comes IFV-TV for retired football players! Broadcasting monthly soon! . EDITOR’S NOTE: Our attendees will make up the small studio audience joined by our larger audience online. For those of you able to sign up and attend, we’ll also be hosting a movie night on Friday night with a cash bar and a sponsored dinner for each of our attendees and panelists on Saturday evening. For those of you arriving on Thursday afternoon, watch for an announcement on where our Thursday evening mixer, meet-and-greet will be held in the South Point. . . .
With so many areas to cover this year at our Second Annual Independent Football Veterans Conference, we’ve adopted a broadcast format and assembled discussion panels with audience participation instead of individual speakers for the most part. Each panel will be broadcast as a separate topic covering the most important issues and questions retired players want to know. . Each panelist will be given an opportunity to talk approximately 5 – 10 minutes about their particular areas of expertise and interest after which 30 – 45 minutes will then be devoted to general discussions and questions from our studio audience and our online viewers. For a list of our panelists and speakers,clickHERE. We’ll be posting our Panelists’ Bios shortly. . All retired players welcome to participate in this live event but be sure to register for your entry pass today -clickHERE – and book you flight and room(s) at the South Point as soon as possible! The Conference is open to all retired football players by simply registering to attend. Media and other guests are limited and by invitation only –clickHEREto contact us. .
Each panelist will be given an opportunity to talk for approximately 5 – 10 minutes about their particular areas of expertise and interest, after which 30 – 45 minutes will then be devoted to general discussions and questions from our studio audience and our online viewers. For a list of our panelists and speakers, clickHERE. We’ll be posting our Panelists’ Bios shortly. .
As big a deal as the League and Commissioner Goodell made of the Saints’ bounty program, you’d think it was something that no one ever knew about over the years and years that it’s been going on at all levels of the game. This story’s been in the headlines for the past couple of week and Roger Goodell finally issued his ruling earlier this week. It didn’t take long for new stories to come out that covered the underside of the story. Here are two of those headlines from FOX Sports’ Alex Marvez and A.J. Perez. . We’ll be discussing these along with many other legal and medical issues that affect retired players at our upcoming Conference April 20 – 22 in Las Vegas. Be sure to register HERE and book your rooms and flight.
If you haven’t signed up to attend our Second Annual Independent Football Veterans Conference this April 20 – 22 in Las Vegas, you may want to book your plane tickets and rooms this week while the rates are still low. Sign up for our Conference and reserve your room by clicking HERE. This year, we’ll be be using a different format to allow us to present more information and answer more questions that retired players have been asking: . What’s the latest news on the lawsuit against the NFLPA? When the NFLPA decertified just after the lockout this summer, legally and technically they had no right to represent current or retired players. Yet magically, the Legacy Fund and other benefits suddenly appeared in the weeks immediately following the ratification of the new CBA and recertification of the NFLPA. All with virtually no input or vote from the majority of retired players. We’ll have representatives from some of the law firms there to discuss what has happened so far. . Why is it that every time a song or a film gets played or sold, a musician, an actor or a composer gets paid a royalty? So why aren’t retired football players paid anything whenever they’re in a video game or on a DVD? . What are some of the more recent discoveries in concussions and traumatic brain injuries? Is there anything I can do to slow down or improve my mind and my memory? . And what about concussions? Most of us suffered from countless concussions over our careers. Our coaches and managers taught us to call them ‘zingers’ and sent us back into the game as quickly as possible. And what about the long-term effects? If the League and the owners denied most of us any disability benefits from the effects of concussions, yet in creating the 88 Plan, they finally acknowledged those long-term effects only after it’s taken its final toll from our families both financially and emotionally. . There are so many lawsuits currently fighting for every player’s attention, hear all the important issues and present your questions to the panel on concussions and equipment. We’ll be covering concussions and equipment on both days of the Conference: On Friday, our law panels will be discussing the legal aspects and what’s being done today as well as reviewing future action. On Saturday, our medical and neurological panels will be addressing topics ranging from how to detect and recognize the symptoms of a brain injury to questions such as just how effective have helmets been in protecting players from concussions? . And how about the Legacy Fund? Some of you are only finally receiving your retroactive checks while many others are still waiting for return calls from the benefits office in Baltimore. And why were the widows overlooked for the increase? . Why are more players winning their Social Security Disability and California Workers Compensation cases than those reaching favorable Disability and Pension verdicts with their own Plan? And just how legal is the Plan itself and the way it’s been managed? And just who do those people who run the Plan work for anyway? A panel of Disability and Workers Compensation attorneys will be there to discuss the latest cases and answer your questions. . If the NFL gets to pick the best of the best out of all the college football teams, then what responsibilities should they – and the universities who benefit from their lucrative football programs – bear when those players sustain life-changing injuries? For many of these college players, the football scholarship is just that: A scholarship based on their abilities as an athlete. Attorney Steve Berman’s firm has filed a lawsuit against the NCAA on behalf of college athletes and will be sitting on a panel that will prove to be very informative. . What new findings have come out of hyperbaric oxygen treatments and how will these new studies advance the general use of HBOT treatments not only for football players but also for our returning veterans and for everyone else who has ever had a concussion? Hear what some of the foremost experts in the field have to say about how much more quickly hyperbaric treatments are becoming accepted as one of the most cost-effective ways to treat concussions and brain injuries. . And The Amen Clinic will also be back to present results of three new brain studies they’ve completed over the past year. . I’m so excited about this year’s Conference that I know I’ve gone over the Top 10 Questions we all want to ask! The full list of our panelists’ biographies will be posting up this week. Stay tuned! . So be sure to sign up for our Conference and reserve your room by clicking HERE! .
EDITOR’S NOTE:Some of you may remember Andrew Stewart’s long battle to access his earned Disability Benefits from the Bert Bell/Pete Rozelle Plan. He ended up taking them to court. You can read the earlier posts by clickingHERE, HERE, HEREandHERE. All from 2010! .
Hi Dave, .
Here is an update along with some shocking comments from my court case with the NFLPA in Federal Court. .
After many years and delays, we finally reached our court date which was last Monday. My lawyer was there and the Plan sent several lawyers AND their secretaries. .
Their whole argument was not that they were right but that they are and should be afforded discretion under the law. They stated before the judge that Dr. Bach was on “Their Team” and the judge questioned whether they really wanted to say that. Even though Dr. Bach had never examined me, never treated me and didn’t even bother to see any of the X-rays of my injuries, he still decided that in his medical opinion, “It was not even close” as to whether I was disabled or not held more weight than any detailed medical evaluation that their neutral examining doctor could give. . “Not even close.” Would you trust your doctor if he chose to only write that as his evaluation to any illness or injury you personally suffered? They also stated that they basically did me a favour by putting me on the lower amount and that I should grateful. (!) .
Doug Ell, the lawyer for the Plan, stated in court that one of the reasons they couldn’t pay every player the higher amount was that the Plan has to watch its bottom line since they have to make sure there’s enough money for players such as Brett Favre. It is important to state that during testimony, it was also disclosed that the Plan currently has over a billion dollars in assets. So apparently, we’re valued differently by the NFL: Not for your vested seasons or your injuries but maybe by how many more jerseys you can sell and your commercial appeal! .
In the end, the judge decided that he wanted briefs filed by the end of March and he would then rule. . Although the NFLPA’s lawyers felt that this judge is not what they call “a plan-friendly judge” as they have stated to my lawyer, I feel that the judge is very fair and is taking this case very seriously because there are just too many instances where they are not following their own rules as laid out by the Plan and – depending on the case – they’re prepared to change them accordingly. .
Sincerely,
Andrew Stewart . . . ADDENDUM FROM IRV MUCHNICK MARCH 7th:
Second Annual Independent Football Veterans Conference
At last, we’re finally ready to announce our Second Annual Independent Football Veterans Conference! A lot of you have been calling and writing about our Conference and we thank everyone for their patience. . We’ll be meeting once again in Las Vegas at the South Point Resort & Casino April 20 – 22, 2012.This year, we’ll be using a panel-style approach to cover a wide range of important topics ranging from the most recent information on lawsuits, your benefits, as well as more of the latest information on brain health and concussions. Other hot topics open for discussion will include The Legacy Fund, widows’ benefits (or the lack thereof), severance pay, Workers Compensation and Retirees’ Rights among other hot topics! We also have some social events planned for Friday and Saturday evening that will allow our attendees to catch up on their playing days with their teammates. We already have a dinner sponsored for our attendees scheduled for Saturday evening. continue reading »
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March 4, 2012 .
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On January 6, 2012, I met with Congresswoman Linda Sanchez at her southern California office with Mr. Mike Greenhaulgh, part owner/operator of the Sacramento Hyperbaric Oxygen Treatment center where I have been receiving treatments for the last two years, and Dr. William Duncan, President of the Hyperbaric Medical Association and Capital lobbyist. My 49ers teammate, Dan Bunz, and I also met with Senator Ted Gaines on December 27 and February 22, 2012. All the meetings were to address the legality of the NFL’s lack of benefits for its injured employees. Both Congresswoman Sanchez and Senator Gaines are looking into additional Congressional hearings on this matter. .
We are trying to gather solid information to ascertain the status of former employees/players of the NFL. For many years, we have been inundated with mixed information regarding the percentage of former employees/players who actually qualify for NFL retirement benefits, the percentage of former employee/players forced to draw SSI and life expectancy of former employee/players. With you being the President of the NFL Players Association, in charge of securing and overseeing the player’s/employee’s benefits, I am requesting data on the following:
What is the average life expectancy of a former NFL employee/player? Many years ago a letter was issued from the NFL encouraging players to take their retirement benefits early as most would not live to retirement age. This was followed up with a recent survey letters asking if we were still alive. I had been told for years that the average life expectancy of a former NFL employee/player was his late 50’s.
What percentage of all pre-93 employees/players who played in the NFL actually played long enough to reach the 4-year vesting threshold? From what I am reading now, the average NFL career is only 3.2 years. The numbers I was given when I played in 1980 and 1981 was 2-½ years. Surely the NFLPA maintains a roster of all players who were on active rosters at one time or another.
What percentage of employee/players have successfully been approved for SSI? After my 3rd evaluation at Dr. Amen’s clinic January, 2012, I was given a referral to file for SSI as Dr. Amen had me rated at 100% disabled due to frontal lobe dementia and damage to my temporal lobes of my brain.
If a player qualifies for SSI disability, how can he be denied NFL disability? How can the NFL’s disability requirements be higher than those of the general public?
What percentage of employee/players have successfully been approved for Medicare?
How many of Tom Condon’s clients were approved for NFL benefits as opposed to the general number of players who were approved (or declined)?
When did NFL employee/players begin filing for Workers Compensation?
What percentage of NFL employee/players have been approved for Workers Compensation?
It is that time of the year when school boards have to get budgets in place for the new school calendar and the 2012-13 school year. The people who do the budgets and the people who vote on the budgets probably aren’t too worried about the 2012 high school football season but there will come a time when school districts will have to evaluate the value of fielding junior high and high school football teams.
May 8, 2012
Someone once said not long ago that George Martin’s ascension to the Executive Directorship of the NFL Alumni was the perfect example of the American Dream. In reality, honesty and integrity will always get you where you need to go in following the real American Dream. The old adage, “The people you pass on the way up the ladder will be the same people you run into on the way down” should hold true here.
“These players need to know there IS help for them!”
As big a deal as the League and Commissioner Goodell made of the Saints’ bounty program, you’d think it was something that no one ever knew about over the years and years that it’s been going on at all levels of the game. This story’s been in the headlines for the past couple of week and Roger Goodell finally issued his ruling earlier this week. It didn’t take long for new stories to come out that covered the underside of the story. Here are two of those headlines from FOX Sports’ Alex Marvez and A.J. Perez.
Although the NFLPA’s lawyers felt that this judge is not what they call “a plan-friendly judge” as they have stated to my lawyer, I feel that the judge is very fair and is taking this case very seriously because there are just too many instances where they are not following their own rules as laid out by the Plan and – depending on the case – they’re prepared to change them accordingly.
